The document summarizes the evolution of patent law in India from 1856 to 1970. It discusses key acts and amendments that were made to encourage inventions and establish intellectual property protections. Major developments include the establishment of the Controller of Patents in 1911 to administer the act, provisions allowing compulsory licensing, and establishing the framework for the Patents Act of 1970, which repealed all prior patent acts and codified unpatentable inventions. International agreements like TRIPS and India's involvement in organizations like WIPO are also summarized.

2.  First legislation in India relating to patents was enacted in 1856 to
encourage inventions.
 Act of 1856 was Repealed by Act of 1857. In 1859, the 1857 Act
was further amended to grant ‘Exclusive Privileges’ to useful
inventions.
 The above Act of 1856 and the subsequent amendment excluded
importers from purview of Inventors.
 The Act of 1859 was further amended in 1883 to introduce a
provision to protect novelty of the inventions, which prior to
making application for their protection was disclosed in
exhibitions of India.
 In 1888 a new legislation was introduced to consolidate the
amendment made.

3.  Shifting of authority to administer the Act from the Home department to
Secretary to Government of India;
 Extension of the jurisdiction of the Act to other courts apart from High
Courts of Madras, Calcutta and Bombay;
 Reduction in the fee from Rs. 100 to Rs. 10 only at filing stages;
 Provision for detailed disclosure of the invention, including best mode of
working the invention in full clear, concise and exact terms so as to enable
any person skilled in the art or science to make use of the invention;
 Provision of powers to call for a model of the invention;
 Change of time for filing petition in respect of patent granted in United
Kingdom from 12 months from the ‘letters patent’ to 12 months from the
‘date of sealing’;
 Provision for granting compulsory license where invention is not made
accessible to public, on reasonable terms;
 Appointment of Agents to encourage filing by foreign inventor;
 Introduction of provision for protection of new or original design;
 Provision for counting the grace period for filing application for invention
displayed in the Exhibition from the date of admission of the invention into
the Exhibition instead of the date of the opening of the Exhibition.

4.  This Act brought patent administration under the management of
Controller of Patents for the first time.
 This Act was amended in 1920 to provide for entering into
reciprocal arrangements with UK and other countries for securing
priority
 In 1930, further amendments were made to incorporate, inter-alia,
provisions relating to patent of addition, use of invention by
Government, powers of the Controller to rectify register of patent
and increase of term of the patent from 14 years to 16 years.
 In 1945, another amendment was made to provide for filing of
provisional specification and submission of complete specification
within nine months.

5.  A committee under Justice (Dr.). Bakshi Tek
Chand was appointed to provide
recommendations on the current Patent Law
towards the national interest.
 The Committee submitted its report in 1949.
The main recommendations of the committee
were as follows:

6.  Any interested person may apply for a compulsory licence or
revocation
of the patent on any of the following grounds, namely —
(i) patented invention, being capable of being commercially
worked in India, is not being commercially worked therein to the
fullest possible extent;
(ii) demand for the patented article in India is not being met to an
adequate extent or on reasonable terms;
(iii) commercial working of the invention in India is being
prevented or hindered by the importation of the patented articles;
and
(iv) the refusal of the patentee to grant a licence or licences on
reasonable terms, whereby the commercial or industrial activities
in India are prevented or hindered;

7. Based on the recommendations of the Committee, Following grounds were
provided for making applications for compulsory license:
(a) patented invention, being capable of being commercially worked in India,
is not being commercially worked therein to the fullest possible extent;
(b) demand for the patented article in India is not being met to an adequate
extent or on reasonable terms;
(c) commercial working of the invention in India is being prevented or
hindered by the importation of the patented articles;
(d) the refusal of the patentee to grant a license or licenses on reasonable
terms, the commercial or industrial activities in India are prevented or
hindered;
(e) a market for the export of the patented article manufactured in India is not
being supplied;
(f) the working or efficient working in India of any other patented invention
which makes a substantial contribution to the establishment or development
of commercial or industrial activities in India is unfairly prejudiced; and
(g) conditions of license unfairly prejudiced the establishment or development
of commercial or industrial activities in India.

8.  In 1952, an amendment was made to provide
compulsory license in relation to patents in respect of
food and medicines, insecticide, germicide or fungicide
and a process for producing substance or any invention
relating to surgical or curative devices, through Act of
1952 . The compulsory license was also available on
notification by the Central Government. Based on the
recommendations of the Committee, a bill was
introduced in the Parliament in 1953. However, the bill
lapsed on dissolution of the Lok Sabha.

9.  In 1957, the Government of India appointed Justice N. Rajagopala
Ayyangar Committee to examine the question of revision of the
Patent Law and advise government accordingly. Based on the
committee recommendations, the Patents Act, 1970 was passed.
This act repealed the 1911 Act relating to Law of Patents.

10. Codifies inventions which are not patentable
Patent can be granted for methods or processes or
manufacture
Validity period of Patent of process relating to food,
medicine and drug is five years from the date of sealing of the
Patent or seven years from the date of Patent whichever is
shorter. In other cases its fourteen years.
Provides for endorsement of patent with the words “licenses
of right”
Provides for compulsory licensing.
Provides for use of inventions for purposes of Government
and acquisition of inventions by the Central Government.
Provides for revocation of Patent s in public interest

11.  India is a member-state of Word Intellectual Property
Organisation (WIPO), an International Organisation, responsible for
the promotion of the protection of intellectual property throughout the
world. India is a member of the following International
Organisations and Treaties in respect of Patents:
 World Trade Organization (WTO) with effect from 01 January
2005.
 Paris Convention for the protection of Industrial Property with
effect from December 7, 1998.
 Patent Co-operation Treaty (PCT) with effect from December7,
1998.
 Budapest Treaty with effect from 17th December, 2001.

12.  World Trade Organization [WTO] was set up under
the provisions of Uruguay Round Table in Geneva.
WTO facilitates implementation and administration of
Trade regulations. WTO will conduct periodic review
of member country trade policy for violations of Trade
obligations.
 World Intellectual Property Organization [WIPO] is an
inter-governmental organization. WIPO is responsible
for promotion of the protection of intellectual property
throughout the world. WIPO centralizes the
administration of the International Bureau which is the
Secretariat of WIPO.

13.  The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an
international agreement administered by the World Trade organization (WTO) that sets
down minimum standards for many forms of intellectual property (IP) regulation. It was
negotiated at the end of the Uruguay Round of the General Agreement of Tariffs and
Trade (GATT) in 1994. TRIPS contains requirements that nations' laws must meet for
Patents;
 TRIPS was negotiated at the end of the Uruguay Round of the GATT in 1994, the GATT
became the basis for the establishment of the World Trade Organization. Because
ratification of TRIPS is a compulsory requirement of World Trade Organization
membership, any country seeking to obtain easy access to the numerous international
markets opened by he World Trade Organization must enact the strict intellectual
property laws mandated by TRIPS. For this reason, TRIPS is the most important
multilateral instrument for the globalization of intellectual property laws. States like
Russia and China that were very unlikely to join the Berne Convention have found the
prospect of WTO membership a powerful enticement.
 TRIPS requires member states to provide strong protection relating to Patents. For
example, under TRIPS:
 Patents must be granted in all "fields of technology," although exceptions for certain
public interests are allowed and must be enforceable for at least 20 years .
 No unreasonable prejudice to the legitimate interests of the right holders of computer
programs and patents is allowed.
 Legitimate interests of third parties have to be taken into account by patent rights.

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